A drunk driving offense or driving under the influence has immediate consequences, even before you are found guilty by a judge. The first immediate consequence will be the suspension of your driver's license for a period of 90 days.

The vehicle can also be seized under certain circumstances, especially in the case of recidivism or if the driver's blood alcohol level exceeded twice the legal limit.

There are administrative penalties (seizure, license suspension, etc.) but there are also criminal consequences related to drunk driving. The criminal consequences of this offense vary depending on the level of alcohol found in the driver's blood and recidivism:

First offense of driving under the influence:

• Criminal record
• Minimum fine of $1000 (Up to $2000 depending on the level of alcohol found in the blood)
• Driving ban of 1 to 3 years (Can be reduced with an interlock device)

Second offense of driving under the influence:

• Criminal record
• Minimum imprisonment of 30 days (Maximum of 10 years)
• Driving ban between 3 and 10 years
• Possibility of an interlock device after 3 months of driving ban

Third offense of driving under the influence:

• Minimum imprisonment of 120 days
• Driving ban of minimum 3 years (Maximum of 10 years)
• Possibility of an interlock device after 6 months of driving ban

The Criminal Code provides that a first drunk driving offense comes with a minimum fine of $1000. The blood alcohol level also has an impact on the amount of the fine. And for an offense of refusing to comply with a peace officer, the infraction ticket can exceed $2000.

Be aware that this is only the amount of the ticket. For example, fees of $300 to $400 may apply for the application of a new license to the SAAQ, and you will also have to pay for the installation of an interlock device.

At the time of arrest, the driver's license is automatically suspended for 90 days . This is currently an administrative suspension that takes effect automatically with the Société de l'assurance automobile du Québec (SAAQ).

During this suspension, no restricted license is granted unless you contest the offense before the administrative tribunal of Quebec, and successfully. It is also impossible to install an interlock device during this suspension period.

This 90-day period can be extended if the risk assessment carried out by the SAAQ shows a high risk of recidivism.

The 90-day driving ban does not end automatically. Depending on the driver's situation, it may require a successful risk level assessment of the driver. When the SAAQ sends a letter requiring such an assessment, be aware that it is mandatory.

Generally, the SAAQ's summary assessment is only for repeat offenders (2^nd offense or more) or for drivers whose blood alcohol level exceeds twice the legal limit. It does not automatically apply for a first offense.

If such an assessment is required of you, it is strongly recommended to hire a lawyer before submitting to it, as failure can have serious consequences.

The motor vehicle may be seized under certain conditions during a drunk driving offense. If it is a first offense and the blood alcohol level did not exceed twice the legal limit, no seizure of the vehicle will be carried out, and the license will become valid again after the 90 days of suspension.

In the event that it is a 1^st offense, and the driver has exceeded the allowed alcohol limit by more than double - that is, more than 160mg - the vehicle will be seized for a period of 30 days.

If the offense comes from a refusal to "blow into the balloon" or a refusal to comply with a peace officer, a seizure of the vehicle for a period of 30 days automatically, whether it is a first offense or a repeat offense.

In the case of a repeat offense, the vehicle will be seized for a period of 90 days if the first offense took place within the last 10 years. Know that as soon as a vehicle is towed and seized, it is the driver who pays all the costs related to storage, towing and administration.

Recurrence has the effect of aggravating the sanctions for each drunk driving offense. At the administrative level, recurrence generally implies the automatic seizure of the vehicle, a license suspension of 90 days (instead of 30), the increase in fines imposed and the obligation to follow the Evaluation Program and the risk of driving with impaired faculties.

In addition, a second drunk driving offense is accompanied by a minimum prison sentence of 30 days if the person is found guilty before the judge. Subsequent offenses (more than 2 recurrences) come with a minimum imprisonment period of 120 days.

Refusing to blow into the breathalyzer in hopes of escaping sanctions is a very bad idea! This refusal automatically leads to serious consequences for the driver, starting with a fine of $2000, the loss of the license for 90 days, the seizure of the vehicle for 30 days, and this, even before a criminal verdict is rendered.

The Criminal Code provides for a driving ban of 1 year for anyone found guilty of this offense, while the Highway Safety Code provides for a license suspension of up to 3 years.

The installation of an alcohol ignition interlock device for a period of 2 years may also be required, and the driver will be forced to adhere to the Risk Evaluation Program for driving with impaired faculties. And that's not to mention the fact that the driver will now have a criminal record!

Several defenses can be raised to counter a drunk driving charge. One can notably invoke a non-conforming use of the Detection Device (ADA), a delay in the collection of the breath sample, or even, the absence of reasonable grounds to have you blow into the breathalyzer.

Non-compliance with the driver's rights - including the right to silence or the services of a lawyer - may also constitute a valid defense against a drunk driving charge. The role of the criminal lawyer is to identify the right defense based on the driver's own situation.

The consequences of a charge of driving with faculties impaired by drugs are the same as those for drunk driving offenses. However, the scales change depending on the substance.

For a person to be found guilty of driving with impaired faculties, they must have:

• 5ng of THC per ml of blood within 2 hours of driving (For cannabis)
• 5mg of GHB per liter of blood within 2 hours of driving
• Any level of controlled drug or substance

The consequences for an offense related to drugs are similar to alcohol, and similar defenses can be invoked to obtain a not guilty verdict.

The restricted license allows drivers to drive their vehicle during a prohibition period if it is equipped with an alcohol ignition interlock device. This device requires the driver to blow into the interlock to "confirm" the absence of alcohol in the blood.

To obtain a restricted license, it is necessary to wait until the end of the absolute prohibition period, to sign an agreement with the organization "Smart Start Québec" (which provides breathalyzer interlocks), to have this same interlock installed and above all, to comply with all the conditions associated with the restricted license. Among these conditions, there is notably the prohibition of driving with any trace of alcohol in the blood.

The charge of care and control of a vehicle while intoxicated applies when a person is inside their vehicle while they are intoxicated by alcohol or drugs. Such an offense does not even require the vehicle to be running, nor that the driver be behind the wheel (it even happens that they are asleep).

One only needs to prove that the person in a state of intoxication had the care and control of the vehicle, and this, by exceeding the permitted alcohol limit. Obviously, there are ways to defend against such a charge, which will mainly apply when there was no real risk that the vehicle would be started.

The location of the vehicle, the fact of not having the keys and being seated in the back seat are some examples of points raised to contest the charge of care and control.

From the moment of arrest by the police, it is essential to contact a lawyer specialized in drunk driving matters. Exercise your right to remain silent, and turn without delay to a lawyer; it is a fundamental right that you must exercise.

Your lawyer will ensure to analyze the charges and to develop a defense adapted to the type of impaired driving charge you are targeted with. Contacting a lawyer without delay is all the more important if it is a second drunk driving offense on your part, as the consequences can be drastic.

Absolutely! To do this, you will need to hire a lawyer to be acquitted of the charge against you. It is not possible to obtain a pardon for a drunk driving charge, so your lawyer will have to obtain a not guilty verdict in order to avoid the consequences of a criminal record.

Criminal lawyers are the best placed specialists to represent you in a case of impaired driving charge. But even more, some criminal lawyers specialize in drunk driving and impaired driving cases due to the high volume of such offenses in Quebec.

Opting for such a specialist will put all the odds in your favor to obtain the not guilty verdict you are looking for.